Property Division

Michigan Family Courts are courts of equity which means that property in a divorce is divided equitably. The general proposition regarding division of marital property is that it is divided equally between the parties regardless of how the property is titled. However, the court must consider all the relevant factors when deciding on property distribution and judges may not assign disproportionate weight to any one circumstance. This means that in some cases the court could order an unequal division of property for example 55% - 45% split. Case law in Michigan has outlined factors to be considered when considering an unequal division of property: duration of the marriage; contributions to the marital estate; age of the parties; health of the parties; life status of the parties; necessities and circumstances of the parties; earning ability of the parties; past relations of the parties; interruption of the personal career or education of either party and general principles of equity.

Marital Property gets divided while it is possible to protect pre-marital and separate property from division. It is important to discuss with your attorney the category in which your property fits in order to determine which property is subject to division. Some examples of the types of property that can be divided in a divorce are:

• Real Estate
• Business Interests
• Retirement Accounts
• Investment Accounts
• Bank Accounts
• Stock/Bonds/Securities
• Stock Options
• Value of Professional Degree
• Personal Property (i.e. vehicles, jewelry, household furnishings, collectibles, airline miles, artwork, etc.)